Dwayne Culbertson vs Jose Arias et al

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 16 Honorable William J. Monahan, Presiding (covering this calendar for Judge Parrett) Courtroom Clerk, 191 North First Street, San Jose, CA 95113 Telephone: (408) 882-2270

DATE: 7/22/2026 TIME: 9:00 A.M. and 9:01 A.M.

LINE 6 25CV458272 Dwayne Culbertson vs Motion: Set Aside Jose Arias et al Dismissal by Plaintiff Dwayne Culbertson

Ctrl Click on Line 6 for tentative ruling. The court will prepare the order. LINE 7 25CV458413 In Re: AUA Motion: Order CORPORATION, a for Judgment of Dissolution and Distribution of Assets by Petitioner Teddy California Corporation in Liang the Process of Winding Up Ctrl Click on Line 7 for tentative ruling. The court will prepare the order. The moving party to submit proposed judgment for signature by the court. LINE 8 25CV469740 PEPPER AAHZ vs GLOBAL Motion: Leave to File SPECTRUM, LP, a Delaware limited first amended complaint by Plaintiff PEPPER AAHZ partnership et al OFF CALENDAR as MOOT. (See Stipulation and Order to File First Amended Complaint filed 6/2/20206 and the First Amended Complaint filed 6/2/2026.)

The clerk’s minutes are deemed the order. LINE 9 25CV469740 Thomas Paskert vs Motion: Set Aside Default/Judgment Michael Guertin by Defendant Michael Guertin (Pro Per)

Good cause appearing, defendant Michael Guertin (Defendant)’s motion filed 12/17/2025 to set aside default and default judgment if entered pursuant to Code of Civil Procedure (CCP) section 473(b) on grounds of inadvertence surprise, mistake or excusable neglect is GRANTED. The default of Defendant entered 9/28/2025 is vacated and set aside.

The clerk shall file and serve an endorsed filed copy of Defendant’s [proposed] answer (pages 16 to 18 of Defendant’s motion filed 12/17/2025) to the complaint within 15 days of this order.

The court will prepare the order.

Calendar Line 6 Case Name: Dwanye Culbertson vs Jose Arias et al Case Number: 25CV458272

Plaintiff Dwayne Culbertson (“Plaintiff”)’s motion pursuant to Code of Civil Procedure (CCP) section 473(b) to set aside the dismissal of defendant Jose Alfredo Cortez Arias (“Arias”) (the “Motion”) on the grounds that the dismissal resulted from mistake, inadvertence, surprise, or excusable neglect after the Plaintiff diligently attempted to locate and serve Arias is GRANTED. The dismissal of defendant Arias is VACATED.

Discussion

Plaintiff moves to set aside the dismissal of the defendant Arias on the grounds that the dismissal resulted from mistake, inadvertence, surprise, or excusable neglect after the Plaintiff diligently attempted to locate and serve Arias. The Motion is made pursuant to CCP section 473(b).

The Plaintiff filed the Complaint on February 5, 2025, alleging causes of action for motor vehicle and general negligence against defendants San Mateo Community College District (“District”) and Arias. Plaintiff alleges that on April 23, 2024, Arias, while acting within the course and scope of his employment with the District, negligently operated a District vehicle and collided with the Plaintiff’s vehicle, causing the Plaintiff injuries.

At the February 20, 2026, hearing, the Court dismissed Arias without prejudice after determining that he had not been served. Proof of service showing that the defendant, Arias, was personally served on February 21, 2026, has been filed on February 27, 2026, and the Plaintiff promptly filed the Motion to Set Aside Dismissal on February 26, 2026.

CCP section 473(b) provides:

The court may, upon any terms as may be just, relieve a party or the party’s legal representative from a judgment, dismissal, order, or other proceeding taken against the party through the party’s mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be made within a reasonable time, in no case exceeding six months after the judgment, dismissal, order, or proceeding was taken.

The Plaintiff timely filed the Motion within six months of the dismissal. The Plaintiff further submitted evidence demonstrating multiple attempts to locate and serve Arias, including repeated service attempts, a skip trace, and efforts to obtain a valid address after prior counsel handling the matter left the firm. A proof of personal service of Arias was filed shortly after the dismissal. Although Arias has subsequently filed a separate Motion to Quash Service of Summons challenging the effectiveness of that service, that motion is not presently before the Court and does not impact whether the Plaintiff has established grounds for relief under CCP section 473(b). The Court finds that the Plaintiff has demonstrated mistake, inadvertence, surprise, and excusable neglect within the meaning of CCP section 473(b).

Conclusion

Plaintiff’s Motion for Set Aside Dismissal, the Motion is GRANTED. The dismissal of defendant Jose Alfredo Cortez Arias is VACATED.

The court will prepare the order.

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